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Vikas Gaur vs Municipal Corporation Of Delhi on 12 September, 2011

4. Brief facts, necessary for the disposal of the present MCDA 01/2011 Vikas Gaur Vs. M.C.D. Page 1 appeal, are that the present appellant claims to be the co-owner of the property no. 46, Basant Gaon, New Delhi. On account of some unauthorized construction being raised on property, show cause notice dated 27.07.2010 was issued by the MCD to the appellant. Reply to the said notice was given by the appellant on 02.08.2010 wherein it is stated that no unauthorized construction was carried out on the property in question. It is mentioned therein that certain major repairs were being carried out at house no. 45 (right portion) which is adjoined with house no. 46 and that even the said repair work was as per Municipal Act.
Delhi High Court Cites 3 - Cited by 1 - I Kaur - Full Document

Hansa Industries Pvt. Ltd. And Others vs Kidarsons Industries Pvt. Ltd on 13 October, 2006

9. The counsel for the appellant has submitted that the impugned judgment to the effect that the appellant has himself admitted that he does not have any legal right over the property in question is totally perverse and unfounded as the reply clearly shows that appellant is one of the co-owners of the property and has no where denied in the reply that he is not the owner/co-owners of the property in question. Ld. Counsel has submitted that the appellant tribunal has also committed grave error in rejecting the memorandum of settlement dated 12.01.2007 entered into between the family members. It is submitted that this family settlement did not create any right in favour of the appellant and his other family members but only finds reference to earlier settlement vide which the rights were created in favour of the persons between whom the family settlement was arrived at on 12.01.2007 and as such this document could not have been rejected by the appellate tribunal for want of registration under Section 17 of the Registration Act. To this effect, he has relied upon the judgment of the Hon'ble Apex Court in case of Hansa Industries Private Limited and Others Vs Kidarsons Industries Private Limited, in Appeal (Civil) 1682 of 1999, C.A. No. 1705 of 1999 decided by the Hon'ble Supreme Court of India on 13 October 2006.
Supreme Court of India Cites 4 - Cited by 18 - B P Singh - Full Document
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